[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Proposed Rules]
[Pages 64726-64727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25921]
[[Page 64726]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1336
RIN 0970-AC60
Native American Programs
AGENCY: Administration for Native Americans, Administration for
Children and Families, Department of Health and Human Services.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services, Administration
for Children and Families, Administration for Native Americans (ANA) is
seeking comments, data, and information from the public related to
planned revisions and amendments to regulations implementing the Native
American Programs Act of 1974 (the NAPA). ANA anticipates making
revisions and amendments to update and revise procedures and policies
involved in executing the requirements of 42 U.S.C. 2991b, 2991b-1,
2991b-2, 2991b-3, 2991d, 2991g, 2991h, 2992, and 2992b-1 (Section 803,
803A, 803B, 803C, 805, 809, 810, 811, and 814 of the NAPA) currently
found in our regulations. ANA is interested in receiving feedback to
this advance notice of proposed rulemaking (ANPRM) about potential
means of streamlining applicable regulations, removing undue burdens,
and clarifying procedures and policies related to accessing programs.
We are also interested in receiving recommendations related to the
activities of the Commissioner of the Administration for Native
Americans as an advocate on behalf of Native Americans.
DATES: Comments on this ANPRM must be received by January 29, 2015.
ADDRESSES: You may submit comments by any of the methods listed below
(please choose only one listed). All submissions must include the
agency name and following Regulatory Identification Number (RIN): RIN
0970-AC60. Please do not submit duplicate comments. When commenting,
please identify the current regulation, topic, or issue to which your
comment pertains.
1. Electronic submission: You may submit electronic comments on
this ANPRM to http://www.regulations.gov by entering RIN 0970-AC60 in
the search box and clicking on the `Comment Now' button. After
submitting your comment electronically at http://www.regulations.gov, a
confirmation page will appear which contains a Comment Tracking Number.
Comments also may be submitted electronically via email to
[email protected] with ``ANA ANPRM'' in the subject line.
2. Mail: You may mail written comments to the following address
only: Administration for Native Americans, Administration for Children
and Families, Department of Health and Human Services, Attention: ANA
ANPRM, 370 L'Enfant Promenade, Washington DC 20447. Please allow
sufficient time for mailed comments to be received before the close of
the comment period.
3. Hand delivery: If you prefer, you may deliver (by hand or
courier) your written comments before the close of the comment period
to Camille Loya, Administration for Native Americans, 370 L'Enfant
Promenade, Washington, DC 20447. Because access to the interior of the
building is not readily available to persons without Federal government
identification, commenters must first call 877-922-9262 in advance to
schedule an escort to the second floor and may not leave their comments
at the security desk located in the main lobby of the building.
Commenters will be escorted to the Administration for Native Americans
where a stamp-in clock is available for persons wishing to retain a
proof of filing by stamping and retaining an extra copy of the comments
being filed.
Inspection of Public Comments: All comments received before the
close of the comment period are available for viewing by the public,
including any personally identifiable or confidential business
information that is included in a comment. The Department will post all
comments received before the close of the comment period on the
following Web site as soon as possible after they have been received:
http://www.regulations.gov. Follow the search instructions on that Web
site to view public comments. Comments received electronically via
http://www.regulations.gov by the close of the comment period will also
be available for public inspection electronically as they are received.
Comments submitted electronically via email to
[email protected], hand-delivered comments, and mailed
comments will be available for public inspection within one week of
receipt at the Administration for Native Americans, 370 L'Enfant
Promenade, Washington, DC 20447. Because access to the interior of the
building is not readily available to persons without Federal government
identification, commenters must first call 877-922-9262 in advance to
schedule an escort to the second floor. No deletions, modifications, or
redactions will be made to the comments received, as they are public
records. Comments may be submitted anonymously. However, comments that
identify the type of organization responding to this ANPRM are
especially helpful.
FOR FURTHER INFORMATION CONTACT: Camille Loya, Administration for
Native Americans at (202) 401-5964.
SUPPLEMENTARY INFORMATION: This ANPRM has two main sections. The first
section, entitled `Background,' describes the relevant authority on
which the ANPRM is based and establishes the rationale for its issuance
at this time. The second section, entitled `Overview of Requested
Feedback,' presents questions, ideas, and potential language ANA is
considering as part of future proposed regulations under the authority
of the NAPA.
I. Background
The Native American Programs Act of 1974 (NAPA), Public Law 93-644,
was first enacted on January 4, 1975. The last time substantial
amendments to the NAPA regulations were made was 1996. Section 802 of
the NAPA establishes as its broad statutory purpose the promotion of
``the goal of economic and social self-sufficiency for American
Indians, Native Hawaiians, other Native American Pacific Islanders
(including American Samoan Natives), and Alaska Natives.'' The
Administration for Native Americans (ANA) executes this purpose through
the provision of project-based financial assistance to Native Americans
authorized under sections 803 and 803C of the NAPA, as well as through
advocacy on behalf of Native Americans within the Department of Health
and Human Services and with other departments and agencies of the
Federal government ``regarding all Federal policies affecting Native
Americans,'' under section 803B (c) of the NAPA.
The regulations that are the subject of this Advance Notice of
Proposed Rulemaking (ANPRM) are found in 45 CFR Part 1336. These
regulations provide or describe rules necessary to fully implement the
NAPA's statutory requirements and authorities and primarily originate
from 1983, with the last updates occurring in 1996. Given the length of
time since the last consideration of the NAPA regulations, through this
ANPRM ANA is particularly interested in seeking information and
recommendations from recipients and potential recipients of ANA
financial assistance as well as
[[Page 64727]]
from Native Americans at-large who are the intended beneficiaries of
the NAPA.
II. Overview of Requested Feedback
On July 9 and 10, 2013 the Administration for Children and Families
(ACF) hosted a tribal consultation in Washington, DC to consult on ACF
programs and tribal priorities. This consultation helped ANA identify
issues of concern and interest to the Indian tribes and Native American
serving organizations in attendance and provided detailed and fact-
based information on the challenges facing Indian tribes, children, and
families, particularly related to the language and cultural vitality of
Native American communities. This ANPRM presents both general and
targeted topics of interest to help prompt additional feedback related
to both the financial assistance that ANA provides as well as topics
related more broadly to policy development affecting Native Americans.
It also welcomes all points of view on how to streamline regulatory
requirements and procedures, provide clarity, and maximize flexibility
balanced with ANA oversight and advocacy responsibilities.
Pursuant to ACF's Tribal Consultation Policy, ANA believes this
ANPRM can be considered a form of tribal consultation under section
8.H.3 of such Policy. Accordingly, we intend to provide a detailed
report on the comments, recommendations, and other input we receive
summarizing the specific comments or groups of comments, responses, and
other input received in response to this ANPRM.
At such time as we are prepared to propose specific revisions and
updates to the NAPA regulations, we will engage in notice-and-comment
rulemaking and publish a Notice of Proposed Rulemaking (NPRM) in the
Federal Register. In accordance with standard rulemaking procedures,
the public will have an opportunity to comment on our proposed
revisions at that time. Then, when the final rule is promulgated, ANA
will summarize and respond to all substantive comments received on the
NPRM.
A. General Regulatory Topics of Interest
We are interested in comments and recommendations related to:
The scope and content of regulatory definitions (45 CFR
1336.10).
[ssquf] Are there terms referenced in the regulations for which a
regulatory definition would be helpful? For example, a definition for
`delegate agency,' `Funding Opportunity Announcement,' `maintenance of
effort,' `Office of Chief Executive,' or `third-party T/TA'.
Procedures governing the financial assistance award
process for Native American social and economic development projects,
including projects supporting Native languages and regulation of
environmental quality (45 CFR 1336.31-1336.35 and 1336.50-1336.52).
Alaska is 2.5 times the size of Texas and Alaska Natives
make up 229 tribes living in over 220 rural villages, the majority of
which are accessible only by plane or boat, weather permitting. The
great distances in Alaska from one community to another, and from the
state to the rest of the United States, present unique and varied
challenges. ANA is interested in how such challenges affect
applications for funding.
Eligibility for ANA financial assistance (45 CFR 1336.33).
Project evaluation standards by which ANA will measure the
impact of funded projects, their effectiveness in achieving stated
goals, their structure and mechanisms for delivery of services, and
their impact on related programs (45 CFR 1336.40).
ANA is interested in grantees' and potential grantees'
views about what information, factors, or other data are most relevant
to ANA's evaluation of overall impact and effectiveness of ANA-funded
projects.
ANA is interested in grantees' and potential grantees'
views about potential methods for evaluating the impact of ANA-funded
projects three or more years after a grant award period has ended.
ANA is interested in grantees' and potential grantees'
views on required project reporting, including views on the frequency
and burden associated with reporting and any recommendations related to
how data reports could be shared with stakeholders.
Updates to subpart F governing ANA oversight of the Native
Hawaiian Revolving Loan Fund (45 CFR 1336.60-1336.77).
ANA is interested in hearing from Native Hawaiians who
have benefited from the Native Hawaiian Revolving Loan Fund on how the
Fund has increased economic opportunities, capital formation, and
credit worthiness for Native Hawaiians.
ANA is interested in views on allowable loan activities,
time limits, and loan conditions.
Recently, ANA has issued clarifications describing
prohibited conflicts of interest related to ANA-funded projects. ANA is
considering establishing, in regulation, a comprehensive definition of
a `prohibited conflict of interest' in order to minimize potential
confusion.
ANA is interested in feedback on the following definition
of `prohibited conflict of interest':
Prohibited conflict of interest means a clash between the private
interests of a person and that person's official duties and obligations
under a project receiving ANA grant that cannot be resolved by recusal
of the person from discussions, decisions, and actions in one role that
affects the other.
B. Special Topics of Interest
In addition to comments and recommendations responsive to Section
II.A., ANA invites views and recommendations addressing the following
topics:
Descriptions of the perceived barriers to Native American
economic and social self-sufficiency and any recommendations to address
such barriers.
Viewpoints on indicators of economic stability in Native
American communities (such as poverty rate, earnings, employment, and
educational attainment) and recommendations for improvements to promote
increased economic self-sufficiency.
Thoughts on the roles of historical trauma and/or toxic
stress in creating risks to the physical and mental health of Native
American adults and children and recommendations for remediating such
risks.
Information on the perceived impediments to Native
Americans' greater participation in state-wide initiatives such as
Quality Rating and Improvement Systems (QRIS) or state-wide data
sharing.
III. Conclusion
With this ANPRM, ANA is seeking input on issues and questions
related to the subjects raised in the ANPRM that are of concern or
interest to relevant stakeholders.
Dated: June 17, 2014.
Mark Greenberg,
Acting Assistant Secretary for Children and Families.
Approved: August 5, 2014.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2014-25921 Filed 10-30-14; 8:45 am]
BILLING CODE P